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Counties

Starehe, Shauri Moyo residents fail to stop eviction in fresh suit

A construction site
A construction site. Both the national and the city county governments plan to demolish the 350 houses for the upgrading exercise. FILE PHOTO | NMG 

The High Court has struck out a second petition challenging the government’s plan to evict Shauri Moyo and Starehe residents in Nairobi to pave the way for a public-private partnership housing upgrade plan.

Both the national and the city county governments plan to demolish the 350 houses for the upgrading exercise.

However, the court cases have delayed the project since 2014.

Most occupants of the houses are Civil Servants.

They have been residing in the low-cost houses, paying the government monthly rent of between Sh3,000-Sh5,000 for more than two decades. The rent gets deducted from their monthly salaries.

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In their case, the petitioners led by Adam Katana Shahenza complained that the government issued the vacation notices without giving them an alternative place for settlement.

The notice dated June 26, 2019, required the petitioners to vacate the premises by latest July 30, 2019, to pave the way for the upgrade.

However, Justice James Makau found the issues raised in the case were similar to those in another petition residents filed in 2014.

The judge said the issues raised were the same as those that were raised, canvassed, argued and determined in the Justus Mathumbi petition, which Justice John Mativo dismissed in May 2018.

Justice Makau ruled that the second petition was filed contrary to section 7 of the Civil Procedure Act, which bars courts from trying any suit in which the matter was directly raised in a previous case involving the same parties.

In his ruling, the judge allowed preliminary objections the Attorney General and the City Hall against the petition.

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